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Full-Text Articles in Bankruptcy Law
The Housing Bubble And Consumer Banruptcy (Parts Iii And Iv), David G. Carlson
The Housing Bubble And Consumer Banruptcy (Parts Iii And Iv), David G. Carlson
Articles
During the COVID pandemic housing prices have soared. Consumers who have filed for bankruptcy are now looking at enormous realized and unrealized capital gains. This article assesses the chances that these consumer debtors can keep these gains out of the hands of their creditors. Part II of this two-part article addresses chapter 13 issues, which concern plan modification by the chapter 13 trustee to capture realized and unrealized capital gains. It also covers whether a trustee in a converted case can capture these gains. The law of the coverted chapter 7 case is spectacularly contradictory.
The Housing Bubble And Consumer Bankruptcy (Parts I And Ii), David G. Carlson
The Housing Bubble And Consumer Bankruptcy (Parts I And Ii), David G. Carlson
Articles
During the COVID pandemic housing prices have soared. Consumers who have filed for bankruptcy are now looking at enormous realized and unrealized capital gains. This article assesses the chances that these consumer debtors can keep these gains out of the hands of their creditors. Part I of this two-part article addresses chapter 7 issues, which concern lien stripping, abandonment, and monetary exemptions. It also addresses lien stripping in chapter 13 cases. Part II will address whether a chapter 13 debtor must surrender appreciation value to the chapter 13 trustee or to a trustee in a converted chapter 7 case.